Santa Fe cop's traffic stop questioned

SANTA FE (KRQE) - When a Santa Fe police officer pulled her over in February on Interstate 25, Danielle Mares was nervous.

“I’m a female by myself,” the Espanola resident, who was pregnant, told News 13. “He’s 45 miles out of his jurisdiction. I’m worried about him not being legitimate.”

The location was in Sandoval County and Officer Chris Sandoval had clocked Mares going 85 mph in a 75 mph zone after she passed him in the right-hand lane, according to a police report.

“He’s obviously a Santa Fe police officer and he’s pulling me over 45 miles out of his jurisdiction,” Mares said. “(It) kind of rose a red flag.”

So Mares questioned the officer.

“Are we in Santa Fe County?” she asks in video taken from Sandoval’s patrol car.

“Are you refusing to give me your driver’s license and …?” Sandoval says.

“No, but is this Santa Fe County?” Mares says.

“No ma’am, this is Sandoval County,” the officer says.

“Is this out of your jurisdiction?” she says.

“No ma’am it is not,” Sandoval says.

“Really? I’d like you to call back-up please,” Mares says.

Mares had good reason to be concerned about the extra-jurisdictional traffic stop.

“I just read about this other Santa Fe police officer who has been harassing – for years he’s been harassing women,” she said.

That was former Santa Fe police Officer Michael Eiskant . News 13 first told viewers about the complaints and allegations against Eiskant back in January while he was still an officer.

A month ago, Eiskant admitted to stalking one woman and harassing two others. But Mares said she remembered that Eiskant also pleaded no contest to two counts of attempted false imprisonment after pulling two people over on I-25 in the middle of Albuquerque.

“Are you registered in Sandoval County?” Mares asks Officer Sandoval on the video.

“It’s required by law in the state of New Mexico to be current and valid on a license plate,” Sandoval says, ignoring her question.

Mares then called the Sandoval County Sheriff’s Officer herself to request a deputy come out to the traffic stop.

Some police agencies – like the Santa Fe County Sheriff’s Office, discourage officers and deputies from making traffic stops outside the officers’ primary jurisdiction unless they witness an immediate threat to public safety. And even then, the officer or deputy is required to call local authorities or state police to handle the stop.

However, Chief Raymond Rael said the Santa Fe Police Department has no such policy.

“There’s situations where there’s a time and a place for it,” Rael said.

Turns out Sandoval was, indeed, cross-commissioned in Sandoval County, making his stop of Mares completely legal. Officers who are commissioned in other jurisdictions can legally pull over drivers for any infraction.

But we asked Rael why the officer doesn’t tell Mares that.

“Quite honestly, as I recall, he was walking backward (when she asks),” Rael said. “I’m not sure he even heard the question. So I can’t speak to that.”

But in video from the stop, the microphone on Sandoval’s uniform clearly picks up Mares asking if he’s registered in Sandoval County.

“I would think he would provide her with that information,” Rael said. “Now the reason he didn’t, I don’t know.”

Sandoval declined to speak with News 13. But Santa Fe police reviewed the stop and found the officer did nothing wrong. In addition, Sandoval County Sheriff Doug Wood said he had no problem with the stop.

However, Rael said he will review his department’s policy and may limit his officers from making traffic stops outside the city. And in cases where they feel the need to make a stop, Rael said may require them to tell citizens they do have jurisdiction.

Eiskant was not commissioned in Bernalillo County, so his stop of the two people in Albuquerque was not legal.